[sarah1020]

My question involves collection proceedings in the State of: Michigan.

Last night I was served with a summons from Weltman, Weinberg, and Reese (sp?) for an old Discover card account that I haven’t had contact with since probably 2001. The last known address they have on file for me was from 2004. The amount was for upwards of $6k + fees, etc. The summons states that I have 21 days to reply, but I haven’t a clue where to even begin – or with whom. The paperwork says that there was a copy of my statement enclosed as Exhibit B, but there wasn’t. I don’t know the account information for the credit card, what the last accurate balance was, etc. I’ve called my local court, WWR and Discover and they all referred me to each other – but no one could tell me how I am able to get the statement showing my account info so I can even begin to go about figuring this out, let alone disputing or making payment arrangements. I know that at one point, I owed a couple thousand, but $6k??

Is it still a possibility to settle for a lesser amount? There's no way I can afford to pay all of that. Can I go to jail for this? Can they take my car? I have absolutely no idea what I’m doing here, and this seems to have come from no where.

In my response, what do I say? I’m so confused, and any help anyone can give would be greatly appreciated.

[kdogg]

I know this wont help you but about a year or so ago I was jobless, homeless and surfing couch to couch while I looked for a new job. I got served with the exact same thing here in Michigan.

Having other things to worry about like not being homeless, I ignored it. Never heard another word about it.

Funny thing is, I'm here to ask advise on 3 other credit cards on my credit report that are NOT mine but the one that really was mine, that I ignored the court summons for is NOT on my credit history.

Go figure.

This is surely not legal advise but my point is I'm not in jail and I have no arrest warrants. I know this because my CPL (permit to carry a concealed weapon) was just approved and I just bought a new hand gun. I think if I had a warrant for my arrest, they would have informed me when was buying firearms and getting a permit to carry one.

Now that I'm back on my feet, I should probably look back into that though, hrmf.

[sarah1020]

Well, I filed an answer - although I don't think it's the correct format. Now what happens? What do I do next?

[Betty3]

The court clerk will give you a date to show up in court (be sure to go or they will get a default judgment against you).

[cc22]

Weltman Weinberg & Reis seem to sue just prior to the expiration of SOL.

You need to pull all three of your free credit reports and research them
for your date of last activity and date of last payment for that account.
All of the info you need should be there as far as account number
past due balance and possibly date of last activity.
If you have any bank statements from 2001, search them for any
cancelled checks you paid the account with, to find when your
last payment was.

Do not take what they are showing you ( as far as a statement ) as fact
they made many errors in my case..they still won, but made alot of errors..
Sometimes all you need is one good error to tip it in your favor.
"A statement" is not proof of when you paid on the account last.
Make them provide a copy of your cancelled check, sometimes they
can't present it..

If you find you are beyond SOL then amend your response if possible,
to include that as a defense.

They are going to charge your account for any and all court appearances
they attend so make them prove what you owe and why.
If they provide "evidence" that you owe this money..pick every bit
of it apart and compare it with what YOU have..look for errors
and show those errors to the judge.
Argue everything, respectfully..

Attend every court session so they don't get a default judgement.

If they offer to settle prior to court and you can afford to do so
consider it.. but don't agree or acknowledge the debt until you know
for sure where you stand as far as SOL.

Also, research as much as you can online and on these boards I learned
so much from doing this..above all, don't be scared, you won't go to jail...

**These are just things I have learned..I am not a lawyer!